Pawnbrokers Act 1972

Original Language Title: Pawnbrokers Act 1972

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WM laws of MALAYSIA Act 81 REPRINTING PAWNBROKER ACT 1972 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 812 PAWNBROKER ACT 1972 date of Assent............ July 5, 1972 date of publication in the Gazette......... July 13, 1972 REPRINT BEFORE Reprinting the first............ 1994 Reprinting the second............ 1999 Pawnbroker 3 laws of MALAYSIA Act 81 ACT PAWNBROKER 1972 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title 2. Interpretation 3. The person deemed pawnbroker PART IT ADMINISTRATION 3A. Appointment of Registrar, Deputy Registrars, Inspectors, officers and other servants 3B. Delegation of the power of Registrar PART IB EXPANSION the LIABILITY of PAWNBROKER and RIGHTS of LESSEE MORTGAGE to SPECIFIC PEOPLE 4. Application of Act for executor, etc., for the pawnbroker 5. The liability of pawnbroker as acts of agents or servants 6. The expansion of rights, etc., of lessee mortgage to assigns, executors, etc.
PART II PAWNBROKER LICENCE 7. Licenses should be acquired by the pawnbroker 8. Application for licence 8A. The circumstances of the licence cannot be given laws of Malaysia ACT 814 9. Grant of licences 10. Period of license 10A. Conditions may be attached to license 10B. Renewal of licence 10 c. Requirements of that licence on display 11. Cancellation and suspension of license 11A. Opportunity to be heard 11B. Appeal to the Minister of 11C. The validity of licences is extended in the successful appeal 11 d. A similar prohibition when the earlier application is still pending appeal 11E. Delivery of license 11F. Transfer or conveyancing licence prohibited 11 g. The duty of pawnbroker upon the expiry of licence 12. The premises of leasing shall still opened after the conclusion of the license for the redemption backup 13. The Registrar may issue an order to the licensee so that deliver backup, books and accounts at the end of the license, etc.
13A. Books, accounts or documents must be submitted PART II A 13B ADS. Ad by licensee 13C. Application for permit PART III PEMAJAKGADAIAN and REDEMPTION 14. Managing recorded in books and pemajakgadaian to produce the letter leasing 15. Lessee mortgage shall give the right information to Licensee 16. Business hours and restriction of acceptance as leasing and other business 17. Profit rate 18. Duration and conditions of redemption of 19. Extending time redemption 20. Pawnbroker may refuse to submit the backup Section Pawnbroker 5 21. Procedure when the letter leasing lost 22. Responsibilities of the pawnbroker in respect of backup 23. Backup is not redeemed in duration is 24. The right letter pawn for check book sales of 25. Obligations of the pawnbroker to mengakaunkan surplus in the first four months subject to set-off 26. Dispose of unclaimed surplus 27. Treasury shall pay claimant a legitimate PART IV PREVENT ARRANGEMENTS unlawful 28. Pemajakgadaian the illegal 29. Duty of licensee to investigate when the proposed transaction raises suspicions 30. Presumption of ownership letter pawn 31. 32 stolen property. Police officers can arrest people in circumstances giving rise to the suspicion 33. (Cut) 34. The return of backup available for cheaters to the owner by the pawnbroker PART IV A of the investigation, SEARCH and CAPTURE 34A. The power to investigate and inquire into information 34B. Powers of Inspector or police officer during the investigation 34C. Power check the person 34D. Search with warrant 34E. Search without warrant 34F. Seizure of movable property 34G. Further provisions relating to the seizure of movable property 34H. Divestment seized 34I. Obstruction investigation and search 34J. Offences that can be seized 34K. Power to Act Section laws of Malaysia ACT 816 PART IV B EVIDENCE Section 34L. The evidence of accomplices and agents of provocation the deck. Protection to whistleblowers and information 34N. Admissibility of statements by an accused 34O. The provisions of part V description of the TRIAL and PROCEEDING 35. A first class magistrate has jurisdiction under this Act 36. Gifts to the whistleblower 37. Public notice 38. (Cut)
PART VI PENALTIES And FORFEITURE 39. False statements or representations to induce pemajakgadaian become an offence 40. General offence 41. Offences by public 41A. 42. General penalty Forfeiture of goods PART VII GENERAL 43. Prosecution 43A. Offence by the company, firm, organization or group of persons to another 43B. Delivery notification or document 43C. Power to compound 44. (Cut) 45. Power make regulations 46. Exemption 46A. Power of Minister to give exemption 47. Abolition of the 48. Transitional and saving provisions 49. Continuation of the criminal proceedings and civil SCHEDULE Pawnbroker 7 laws of MALAYSIA Act 81 PAWNBROKER ACT 1972 an act for regulating and controlling business leasing, protection of lessee mortgage and backup dipajakgadaikan in the course of such business, and things associated with it.
[Throughout Malaysia — 2 January 1973, P.U. (B) 535/1972]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title 1. This Act may be cited as the Pawnbrokers Act 1972.
Interpretation 2. In this Act, unless the context otherwise requires — "Consolidated trust account" means the Federal Consolidated trust account maintained pursuant to paragraph 7 (c) of the Financial Procedure Act 1957 [Act 61];
Laws of Malaysia ACT 818 "Consolidated Revenue Account" means the Account federal revenue Consolidated maintained pursuant to paragraph 7 (a) of the Financial Procedure Act 1957;
"pawnbroker book" means the book referred to in section 14;
"Inspector" means an Inspector Pawnbroker appointed under subsection 3A (1);
"licence" means a licence granted under section 9;
"police officer" means a police officer right as defined in the Police Act 1967 [Act 344];
"licensed auctioneer" means any person granted a licence to carry on the successful completion of sale under any law relating to public auction sale;
"lessee mortgage" means a person who submits an article for leasing to a pawnbroker;
"licensee" means any pawnbroker who have been granted a licence under section 9;
"pawnbroker" means a person who carries on business pemajakgadaian;
"Registrar" means the Registrar of the Pawnbroker under section 3A (1);
"Business pawnbroker" including picking as a pawn;
"premises" means the place of a person carrying on business as a pawnbroker;
"backup" means any property that significant other than right in the action, of title, securities or evidence of indebtedness is printed, stored or deposited in the possession of someone leasing;
"due date" means the date specified by the Minister under section 1.
Pawnbroker 9 people characterized as pawnbroker 3. (1) any person who — (a) receive or collect from any person whatsoever any goods as collateral against the repayment of any sum of money, not more than ten thousand dollars, advanced on the security; or (b) purchase or receive or collect the goods and pay or advance or lend him any sum of money, not more than ten thousand dollars, with or under an agreement or understanding that stated or implied or from the circumstances and the type of arrangements that can be deduced reliably that the goods can subsequently redeemed or repurchased in accordance with such conditions, shall be deemed to be a person who carries on the business of taking goods as pawn , and every transaction, items, payments, advances and loans that each shall be deemed to be pemajakgadaian, backup or loan in the meaning of this Act.
(2) (Cut by the Act A1209) PARTS of IT ADMINISTRATION appointment of Registrar, Deputy Registrars, Inspectors, officers and other servants 3A. (1) for the purposes of this Act, the Minister may appoint a Registrar of the Pawnbroker and such number of Deputy Registrars Pawnbroker, Inspector Pawnbroker, officials and other servants as may be deemed fit by the Minister from among members of the public service.
(2) the Registrar and the Deputy Registrar shall have and may exercise any of the powers conferred to an Inspector by or under this Act.
Laws of Malaysia ACT 8110 Representation power of Registrar 3B. (1) the Registrar may, in writing, delegate all or any of the powers or functions under this Act, except the power to make a representation, to any Deputy Registrar or Inspector appointed under subsection 3A (1).

(2) without prejudice to subsection (1), the Registrar may, in writing, delegate any power or function under this Act in respect of the investigation of an offence under this Act and the enforcement of the provisions of this Act to any public officer or officer of a local authority.
(3) any delegation under subsection (1) or (2) may be cancelled at any time by the Registrar and shall not prevent the Registrar from exercising its own powers or perform such functions delegated.
PART IB EXPANSION the LIABILITY of PAWNBROKER and RIGHTS of LESSEE MORTGAGE to the SPECIFIC application of Act for executor, etc., for the pawnbroker 4. Provisions of this Act relating to the licensee shall extend to and include the executor or administrator of a deceased licensee, except that an executor or administrator shall not be liable itself or from its own pusakanya property for any penalty or forfeiture, unless the penalty or forfeiture is imposed because the Act or keabaiannya own.
The liability of pawnbroker as acts of agents or servants 5. (1) when any holder of a licence shall be liable to any penalty or penalties under this Act or any regulations made thereunder for any act, omission, neglect or default he may be subject to the same sanction/penalties as each Act, omission, neglect or default of any of its agents or servants employed thereto within conducts business as the licensee.
Pawnbroker 11 (2) every agent or servants employed by any licensee within such conducts business may also, in respect of any act, omission, neglect or disbelief, charged every sentence or penalty specified for the Act, omission, neglect or default that is inconsistent with the provisions of this Act or any regulations made thereunder "colonised"-by the servants or agents is the licensee.
The expansion of rights, etc., of lessee mortgage to assigns, executors, etc.
6. The rights, powers and benefits under this Act that is dedicated and given to the lessee mortgage shall extend to and be deemed to be reserved and given to, assigns the lessor, mortgage and to the executor or administrator of a deceased lessee mortgage; but any person stating himself to a licensee as assigns, executors or administrators of a person the lessor mortgage shall, if required by the holder of the licence, submit to him those of assignees, probate, letters of administration with the estate or other instrument under which he made the claim.
PART II LICENSE PAWNBROKER Licence should be acquired by the pawnbroker 7. (1) No person shall carry on business as a pawnbroker unless he holds a valid licence granted under this Act.
(2) any person who carries on business as a pawnbroker without a valid license, or who continue to carry on such business after his/her license expired or has been suspended or revoked commits an offence and shall on conviction be liable to a fine of not less than twenty thousand dollars but not more than one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both and in the case of a second or subsequent offence may be liable to whipping in addition to the sentence.
Laws of Malaysia ACT 8112 Application for licence 8. (1) an application for a license to conduct business as a pawnbroker shall be made in writing to the Registrar in the prescribed form, and accompanied by any documents or information as may be prescribed.
(2) the Registrar may, in writing, at any time after receipt of the application but before the application is determined, require the applicant to submit within the time specified or within any further time allowed by the Registrar, of any such document or additional information as may be found necessary by the Registrar for the purpose of determining the suitability of the applicant for the license.
(3) where any document or additional information required under subsection (2) shall not be submitted by the applicant within the time specified in the requirements or in any further time allowed by the Registrar, the application shall be deemed to have withdrawn and cannot continue.
(4) without prejudice to subsection (3), the applicant may submit a new application for the licence to the Registrar, but the application cannot be made while his application for a license has not been decided by the Registrar.
The circumstances of the licence cannot be granted 8A. (1) the licences applied for under section 8 should not be given — (a) if — (i) where the applicant is an individual, the person of the applicant;
(ii) where the applicant is a company, Director, General Manager, Manager or Secretary of the company or any other person who holds the position or a similar position in the company;
(iii) where the applicant is a body, the President, Vice President, Secretary or Treasurer of the Pawnbroker 13 for the establishment or any other person who holds the position or similar positions in that organization;
(iv) where the applicant is a firm or a group of people to another, partner or any member of the firm or group of such persons or any other person who held office or similar position, is the person who is convicted of an offence involving fraud or dishonesty, or an offence under Chapter XVI or XVII of the Penal Code [Act 574], or a bankrupt that has not been discharged;
(b) if at the time the application is made — (i) where the applicant is an individual, the person of the applicant;
(ii) where the applicant is a company, Director, General Manager, Manager or Secretary of the company or any other person who holds the position or a similar position in the company;
(iii) where the applicant is a body, the President, Vice President, Secretary or Treasurer for the establishment or any other person who holds the position or similar positions in that organization;
(iv) where the applicant is a firm or a group of people to another, partner or any member of the firm or group that the person or any person who holds the position or similar positions were, due to a conviction for an offence under this Act, is sentenced to a fine exceeding ten thousand ringgit or to imprisonment (other than incarceration because of default pay a fine not exceeding ten thousand ringgit);
(c) if the applicant is responsible for the management of any business of the pawnbroker, and licenses for that business has been revoked;
Laws of Malaysia ACT 8114 (d) If satisfactory evidence has been submitted — (i) where the applicant is an individual, the person of the applicant;
(ii) where the applicant is a company, Director, General Manager, Manager or Secretary of the company or any other person who holds the position or a similar position in the company;
(iii) where the applicant is a body, the President, Vice President, Secretary or Treasurer for the establishment or any other person who holds the position or similar positions in that organization;
(iv) where the applicant is a firm or a group of people to another, partner or any member of the firm or group of such persons or any other person who held office or similar position, the character is bad or is not a fit and proper person to hold a licence.
(2) any person aggrieved by the refusal of the Registrar to issue a licence may appeal to the Minister in the prescribed manner and the decision of the Minister shall be final.
Grant of licences 9. (1) Notwithstanding subsection 8 (2) or (3), the Registrar may, on receiving an application for a licence under subsection 8 (1), gives or refuses to give license to the applicant, and the Registrar shall inform the applicant thereof.
(2) the licence shall be in the prescribed form.
(3) the applicant shall pay the prescribed application fee for the licence to the Registrar when informed by the Registrar regarding the approval of its application for the license.
Pawnbroker license Period 15 10. (1) subject to section 11C and subsection (3), a licence shall, unless revoked earlier, valid for a period not exceeding two years.
(2) where a licence is granted, the Registrar shall specify in such licence the licence date of commencement and the date of expiry.
(3) if at the date of expiry of the licence an application for renewal of the license under section 10B was yet to be decided by the Registrar, the licence shall continue in force until the application is decided, or sixty days after the expiration date of the license, whichever is earlier.
Conditions may be attached to the licence 10A. (1) the Registrar may impose in such licence such conditions as he may deem appropriate and the Registrar may, at any time during the validity of the license, add, cancel or vary any of the conditions.
(2) any person who fails to comply with any condition of such licence commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
License renewal

10B. (1) An application by a licensee for the renewal of licences shall be made at least sixty days before the expiration date of the license, and the application shall be accompanied by any documents and information required by the Registrar.
(2) Notwithstanding subsection (1), the Registrar may, subject to the payment of a penalty not exceeding three hundred dollars by the holder of such licence, permit an application for renewal of a licence is made less than sixty days from the date of expiry of the licence, but no application for renewal may be allowed if the application is made after the date of expiry of the licence.
Laws of Malaysia ACT 8116 (3) where the holder of such licence does not apply for renewal of license before the expiration date of the license, he shall not be entitled to make a new application for the licence within two years from the date of expiry of the licence.
(4) the licensee shall pay the fee prescribed for the renewal of the licence to the Registrar when notified by the Registrar of the approval of its application for the renewal.
Requirements so that the license displayed 10 c. (1) a licensee shall at all times display his/her license at the significant place he carries on business premises leasehold gadainya.
(2) any person who contravenes subsection (1) commits an offence.
Cancellation and suspension of licence 11. (1) if the holder of a licence — (a) has carried out leasehold business gadainya, which in the opinion of the Registrar, in a manner prejudicial to the interests of the lessee mortgage or any of the public;
(b) as — (i) an individual who has been declared bankrupt;
(ii) a corporation which has been wound up or dissolved by the Court;
(iii) a partnership, firm or group of people, which has been dissolved;
(c) has violated any provision of this Act or any regulations made under this Act;
(d) have been licensed as a result of fraud or error or misrepresentation of any material particulars; or (e) has not complied with any conditions imposed by the registers, Pawnbroker 17 then the Registrar may, subject to section 11A, cancel the licence issued to the holder of such licence or suspend the licence for a period as the Registrar may think fit.
(2) the cancellation or suspension of a licence under this section shall not affect any transaction leasing made prior to such cancellation or suspension, in addition to transactions in respect of which revocation or suspension is made.
(3) where a licence has been revoked or suspended, then the license has no effect from the date of cancellation of the licence or within the period of suspension of the licence, as the case may be.
Opportunity to be heard 11A. (1) prior to cancel or suspend a licence under section 11, the Registrar shall give the licensee a written notice of his intention to do so and require the licensee to submit reasons why the license should not be revoked or suspended.
(2) after considering the reasons given by the holder of such licence, the Registrar shall decide whether to cancel or suspend the licence, or not take further action, and the Registrar shall notify the licensee of his decision.
Appeal to Minister 11B. Any person aggrieved by any decision taken by the Registrar under section 11 may, within fourteen days after notified about such decision, appeal against such decision to the Minister and the decision of the Minister is final and shall not be questioned in any court.
The validity of licences is extended in the successful appeal 11C. If the Minister allows an appeal against cancellation or suspension of a licence under this Act, the validity of the license shall be extended for a period equal to the period of the license has no effect and the duration of such an extended by the Registrar shall be stated in the license.
Laws of Malaysia ACT 8118 prohibition similar when previous application still pending appeal 11 d. (1) if the applicant appealed against the refusal of the Registrar to grant him a license, or licensees appeal against the cancellation of the licences by the Registrar, he shall not subsequently apply for a license until the appeal against the decision of the Registrar has been determined by the Minister.
(2) where any licence granted as a result of the later application made in the circumstances set out in subsection (1), the licence granted shall cancel and has no effect.
(3) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
Delivery of license 11E. (1) when a licence is revoked under section 11, or if there are appeals, when less appeal against the cancellation of the licence under section 11B, the pawnbroker shall, within fourteen days from the date of the notice of revocation, or notice of rejection of appeal against cancellation, communicated to him, surrender his/her license to the Registrar.
(2) any person who does not submit his/her license as required under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
Transfer or conveyancing licence prohibited 11F. (1) subject to subsection (2) and (3), the licensee may not transfer or memindahhakkan his/her license to any other person, or cause or permit any other person to use his/her license or hold a service allowed in the license.
(2) the licensee may, with the prior approval of the Registrar, appoint any person for the purpose of exercising any right conferred upon him under the license, or cause or allow any such person to carry out any such rights.
Pawnbroker 19 (3) the Registrar may allow the transfer of a licence if — (a) the holder of the license — (i) as a company, dilikuidasikan and a receiver or manager appointed in connection with the business of the pawnbroker; or (ii) as an organization, firm or a group of people to another, dissolved and a receiver or manager appointed in relation to the pawnbroker business establishment, firm or other group of persons; or (b) for any other reason, the Registrar is satisfied that it is fair to allow such transfers.
(4) unless the Registrar has given consent or truth under subsection (2) or (3), the licensee purporting to transfer or memindahhakkan his/her license to any other person, or cause or permit any other person to use his/her license or hold a service allowed in such licence, commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
The duty of pawnbroker upon the expiry of licence 11 g. (1) every pawnbroker granted a licence under section 9 shall, upon the expiry of his/her license — (a) send a notice to each and every lessee mortgage about the fact that his/her license has already expired; and (b) send a report to the Registrar stating the number of lessee mortgage that sandarannya still in his savings and details of each of such backup.
(2) any person who contravenes this section commits an offence.
Laws of Malaysia ACT 8120 Premises leasing shall still opened after the conclusion of the license for the redemption backup 12. (1) when a licence is expired or terminated in advance, the pawnbroker shall still open licensed premises it every day from 8 am to 6 pm for redemption backup and for all purposes of this Act, except to receive backup dipajakgadaikan shall continue to exercise the rights and privileges and subject to the obligations and liabilities of a person pawnbroker until all backups are held by him as a pawn has been redeemed or until the last period for redemption something the backup finished.
(2) (a) With the written consent of the Registrar, the pawnbroker may make a contract with someone to assume the duties and liabilities imposed and exercise of the rights and privileges conferred upon him by subsection (1) and, by any agreement and in accordance with such conditions as he thinks fit to impose by the Registrar to give protection to the lessor in the mortgage, can be transferred to that person the ownership of all backup held by him as a pawn , and that person then be deemed as pawnbroker thereon.
(b) (Cut by the Act A1209) (3) a notice of every transfer of title should be ditampalkan pemindah on-premises recipient ownership and transfer of title, and in every court, police station and district and land offices in the District of the place is the location of the premises. The notice shall also be published in a newspaper which was approved by the Registrar.
(4) the Registrar may allow the recipient the manage backup transfer of title held as leasing it in any place other than the premises of certain licensed it, and transfer the backup to there.

(5) no nothing in this section may release pemindah from any liability under this Act for any act done or not done before the date of the transfer.
Pawnbroker 21 the Registrar may issue an order to the licensee so that deliver backup, books and accounts at the end of the license, etc.
13. (1) when a licence granted under this Act expires or is terminated in advance, the Registrar may, if he thinks fit in the interest of people who have back up stuff with the licensee which has expired or terminated his/her license it, issue an order to the licensee so as to deliver to the officer named in the order all backup held as a pawn by the licensee and all books and accounts kept by it relating to the business lease gadainya.
(2) the officer may take possession of all backups, the books and accounts and, if necessary, can enter the store used by the holder of the license and take possession of all backup, books and the account and can move it to a safe place.
(3) the officer shall hold the backup are subject to redemption by the same way in terms of all-sports as the backup has been held by the licensee.
(4) Once redeemed, or after the expiry of the period for redemption all backup dipajakgadaikan, the officer shall, on payment by the licensee of all reasonable expenses that have been done, the licensee submits to the amount of all moneys received from the lessee as mortgage costs money which has been borrowed and payable and all backups that are not redeemed within the specified period and all books and accounts.
(5) With the written consent of the Registrar, the officer can make a contract, together with the guarantor with someone to hold the backup according to the conditions as he himself is entitled to hold the backup, as stated in the two previous subsection, and shall, subject to the condition that, transfer the ownership of the pledge, the books and accounts to that person.
Laws of Malaysia ACT 8122 book, account or document must be produced with 13A. (1) every pawnbroker shall submit to the Registrar — (a) any books, accounts or documents, including computerized data, which contains the transaction pemajakgadaian pawnbroker is its main premises and at each other within its premises as may be determined by the Registrar; and (b) any other information as may be determined by the Registrar.
(2) any information received from the pawnbroker under this section shall be deemed to be confidential.
(3) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
PART II A Ad by licensee 13B. (1) no advertising with respect to the pawnbroker business carried out by a licensee shall be issued or published or caused so issued or published by the licensee, unless the permit in respect of the advertisement has been given by the Registrar.
(2) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
Application for permit 13C. An application for permit by the holder of a licence shall be made in writing to the Registrar in the prescribed form and accompanied by such particulars and documents specified.
Pawnbroker 23 PART III PEMAJAKGADAIAN and REDEMPTION Recorded transaction pemajakgadaian in the book and issue a letter of leasing 14. (1) upon receipt of any goods as a pawn, every licensee shall be recorded in a book, details of the transaction, backup and lessee mortgage, including name and address, that will be determined by regulations and deliver to the lessor a letter mortgage leasing according to the prescribed form.
(2) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
Lessee mortgage shall give the right information to Licensee 15. (1) when depositing an article as a pawn, every lessee mortgage when requested shall give Licensee any correct information as required for the purposes of section 14.
(2) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
Business hours and restriction of acceptance as leasing and other business 16. (1) no a licensee may accept as a pawn of — (a) any goods between 6 pm to 8 am;
(b) any article of any person under the age of eighteen years;
Laws of Malaysia ACT 8124 (ba) any article from any person who appears to be intoxicated or not of unsound mind;
(c) any article that is on it a mark or sign indicating it is property the Government of Malaysia or the Government of a State;
(d) any article which he has reason to believe, from either the goods or type of mortgage or lessor of the personal circumstances of the transaction or otherwise offered for pemajakgadaian without the consent of the owner which is valid.
(2) no a licensee may conduct or manage any part of the business lease gadainya or store any backup dipajakgadaikan in any place other than the licensed premises.
(3) no a licensee may use the licensed premises to carry out or manage any business other than business leasing.
(4) any person who contravenes this section commits an offence.
Profit rate 17. (1) a licensee may take profit on a loan on a backup dipajakgadaikan by means of charges according to such rates as may be determined by regulations made under this Act, and may not ask for or collect any profit from the rate specified, or cannot ask for or take whatever amount of money in respect of an pemajakgadaian in addition to the profit.
(2) any person who contravenes subsection (1) commits an offence.
Duration and conditions of redemption of 18. (1) subject to this Act, every pawnbroker, at any time within six months from the date of pemajakgadaian any items to it or in a Pawnbroker 25 such longer period as may be agreed by him with the mortgage shall deliver to the lessor in the backup to any person who may submit the letter leasing produced by him in respect of the backup and that may pay money has been lent on the backup , and shall give the person a receipt for all money received from the person and shall record the details of that person in the pawnbroker's book.
(2) any person who contravenes subsection (1) commits an offence.
Extending time redemption 19. When submitted by any person leasing letter issued by the licensee in respect of a backup and on payment of the amount of profit that may be imposed in respect of the pemajakgadaian, licensee shall upon request by the person extend the backup time can be redeemed for a period of not less than three months old. A record in respect of every such extension shall be made in the pawnbroker's book and a note thereof shall be made in pawn.
Pawnbroker may refuse to deliver backup 20. (1) Notwithstanding the provisions contained in section 18, a pawnbroker who may have received a notice that does not deliver a backup dipajakgadaikan from a police officer or from the owner of backup or pawn produced by him with respect to the backup, or that there may be a reasonable cause for suspecting that any backup or any pawnshop letter issued by it in respect of the backup has been obtained with cheat , shall report the matter immediately to the nearest police station almost once and shall keep the backup in his possession until he is allowed to submit the backup by the station officer or by a magistrate.
(2) any person who contravenes subsection (1) commits an offence.
Laws of Malaysia ACT 8126 procedure when letter of missing pawnshop

21. Any person claiming is entitled to hold any letter pawn issued by any pawnbroker and saying that the letter the pawnshop has been lost, destroyed or found them with fraud, may request from the pawnbroker a copy of the entries in his book on the backup, and the pawnbroker shall give a copy of it for free and without undue delay; and notwithstanding the provisions of section 18, shall within seven days from the date the application is reluctant to cede them to any person submitting a letter the pawnshop: provided that when any person making the application, it shall be lawful for any Magistrate giving any order to the pawnbroker of the submission of the backup or on the production of a letter the new pawn for the backup , according as the Magistrate may think fit and the pawnbroker shall carry out the order.
Responsibilities of the pawnbroker in respect of backup 22. (1) every pawnbroker shall keep the backup with care and earnest as prudent owner someone keep their wealth on their own.
(2) the pawnbroker shall be responsible for loss or damage to any backup, whether such loss or damage caused by or resulting from fire, negligence, omission, theft, robbery or otherwise.
(3) in the case of any backups that have been destroyed or damaged due to or as a result of fire, negligence, omission, theft, robbery or otherwise, the value of the backup shall be for the purpose of compensation to the lessor the mortgage is counted as a quarter more than the loan amount it.
(4) when any person complaining that any backup held by a pawnbroker, which he entitled to redeem, was not submitted to it when the Pawnbroker 27 requested with sewajar by him or has become or be used as less valuable than in time pemajakgadaian due to or as a result of default, neglect or misconduct of the pawnbroker, a Magistrate may, if he thinks fit , order that a reasonable compensation be paid by the pawnbroker to that person; and any monies ordered such so paid shall, if directed by the Magistrate, be retrieved back from the pawnbroker as a penalty.
Backup is not redeemed in its tenure 23. (1) if any backup is not redeemed prior to the expiration of six months from the date of pemajakgadaian or a longer period as may have been agreed with between someone pawnbroker with lessee mortgage, or as may be required in accordance with section 19, then the backup — (a) if dipajakgadaikan for a sum of money which is not more than two hundred dollars, shall be the property of the pawnbroker; or (b) if dipajakgadaikan for a sum of money which more than two hundred dollars, when disposed of by the pawnbroker, shall be disposed of by auction sale conducted by a licensed auctioneer.
(2) a pawnbroker may, in an auction sale under this section, make an offer to buy and buy a backup dipajakgadaikan to him; and when the backup was purchased by him, he shall be deemed to be the absolute owner of the backup.
(3) a pawnbroker shall send to the Registrar at one day of each calendar month a list according to the prescribed form along with any number of copies required by the Registrar that indicates the results of the backup sales during the preceding month. The Registrar shall ensure that the list is always tertampal in his Office and in public areas as deemed necessary by him for three months.
(4) any person who contravenes subsection (3) commits an offence.
Laws of Malaysia ACT 8128 right letter pawn for checking sales book 24. At any time within four months after the pelelongan where a backup dipajakgadaikan for money amounting to more than two hundred dollars was sold, the pawnbroker shall, upon request, allow the holder of the letter of the pawn check posts about selling it in the pawnbroker's book and in catalogs that have been filled on the pelelongan certified with signature of licensed auctioneers or in any one of them.
Obligations of the pawnbroker to mengakaunkan surplus in the first four months subject to deductions of 25. (1) where a backup dipajakgadaikan for money amounting to more than two hundred dollars sold, and available from the pawnbroker's book is that the backup has been sold for money amounting to more than the loan amount and profit payable under section 17 at the time of the sale, the pawnbroker shall, within seven days after the sales send by registered post to the address of the lessor the lessor mortgage mortgage is recorded in the books of pawnbroker under section 14 a statement in the prescribed form and a notice that the excess money will be paid to the lessor the claims made by a mortgage if the mortgage to the lessor within four months from the date the notice is delivered to the lessee of the mortgage.
(2) the pawnbroker shall pay the excess to the lessor the claims made by a mortgage if the mortgage that the lessor within four months as specified in subsection (1).
(3) any person who contravenes this section commits an offence.
Dispose of unclaimed surplus 26. (1) if there is any claim for excess is made within four months in accordance with subsection 25 (2), the pawnbroker shall pay the surplus to the Accountant General within fourteen days after the expiry of the four months. The payment shall be accompanied by a statement containing the particulars prescribed by the Minister.
Pawnbroker 29 (2) Accountant General shall pay the moneys paid under subsection (1) to the Consolidated trust account.
(3) any unclaimed surplus paid to the consolidated trust account (as far as the surplus is not payable under section 27 out of Consolidated trust account) shall be paid into the Consolidated Revenue Account upon expiration of six years from the date of payment thereof to the Consolidated trust account.
(4) any pawnbroker who fails to pay any unclaimed surplus money to the accountant guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand dollars and can also further fine not less than one hundred dollars and not more than two hundred dollars for each day the failure continues after conviction.
Treasury shall pay claimant's valid 27. (1) where any claimant makes a claim against the Treasury to get any unclaimed surplus paid to the Consolidated trust account in accordance with section 26, Treasury once satisfied that the claimant is the owner of the surplus, shall authorise the payment made to him from the consolidated trust account or, if unclaimed money is paid to the Consolidated Revenue Account , The Minister of finance may direct the payment of a sum of money is made to him; and the amount of money shall be charged on the Consolidated Fund and be paid from the Consolidated Revenue Account.
(2) if any unclaimed surplus paid to any claimant who later claimed by any other person, that other person shall not be entitled to payment of the surplus, but someone else can make a claim against the claimant paid the surplus.
PART IV PREVENT ARRANGEMENTS illegal Pemajakgadaian illegal law 28. (1) No person shall be memajakgadaikan or try memajakgadaikan effects of any person without authorized or employed properly for that purpose.
Laws of Malaysia ACT 8130 (2) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Duty of licensee to investigate when the proposed transaction raises suspicions 29. (1) when any person in circumstances which give rise to suspicions offer to memajakgadaikan any article or redeem any backup or when any offer to memajakgadaikan any article or redeem any backup that corresponds to the description given to a pawnbroker by any police officer of any goods that have been lost or have been written off or obtained by fraud or by cheaters , a pawnbroker shall inquire of him how she had had goods or leasing, as the case may be, and if that person has not provided a satisfactory explanation as to how she had had it or give false information about the proportion of or about the name and place of residence for himself, or for the owner of the goods or the pawnshop , or if there is any other reason to suspect an arrangement in respect of the goods or the pawnshop as cheaters, the pawnbroker shall forthwith report the proposed arrangements to the nearest police station.

(2) any person who contravenes subsection (1) commits an offence.
Presumption of ownership letter pawn 30. Any person who is found to have in his possession a letter leasing shall be deemed to have been around in his possession backup intended by the pawnshop letter until the contrary is proved.
Stolen property 31. (1) information on the property has been lost, stolen or otherwise disposed of due to the fraud shall be given by the police to the licensee as soon as may be after the reported loss or fraud, along with list of or and.
Pawnbroker 31 (2) where any property that meets the list and the descriptions have in possession any pawnbroker or later offered or presented to any pawnbroker, he shall without unnecessary delay does not have to provide information about it at the nearest police station or to any police officer, along with the name and address of the person in his possession have caught sight of the property.
(3) any person who contravenes subsection (2) commits an offence.
Police officers can arrest people in circumstances giving rise to the suspicion 32. Any police officer who has reason to suspect that any person residing in or wandered-Rove at any pawnshop have him any goods that have been obtained with cheaters, can withstand the person and requires it indicate any article that is on it is; and if such person refuses to comply with the requirements or show any article to which the police officer has reason to suspect were procured by unlawful, he or she can bring that person to the nearest police station to take action according to the law.
33. (Cut by the Act A1209) return of backup available for cheaters to the owner by the pawnbroker 34. If in any proceedings before the Court or magistrate that any article that has been lost or obtained or obtained by fraud or dishonestly held as a pawn by any pawnbroker, the Court or magistrate may take evidence of the pemajakgadaian, and if deemed fit by the Court or Magistrate may order them handed over to the owner either paid to the pawnbroker the sums borrowed it and profit due, or paid any part of the loan or profit, or without payment, as it considers just and appropriate in view of the conduct of the owner and the pawnbroker and the circumstances of the case.
Laws of Malaysia ACT 8132 PART IV A of the investigation, SEARCH and ARREST Powers to investigate complaints and inquire into information 34A. (1) every complaint relating to the Commission of an offence under this Act may be made orally or in writing to an Inspector or police officer.
(2) where a complaint is made verbally, the complaint shall be reduced into writing and read over to the person who made the complaint.
(3) every complaint, whether it be in writing or reduced to writing, shall be signed by the person making the complaint.
(4) every complaint, whether it be in writing or reduced to writing, shall be entered in a book kept at the Office of the Registrar or recorded in any other as long as materials par information recorded on the other par reproduced in a form that can be read.
(5) every complaint was registered or recorded under subsection (4) shall include the date and time the complaint is made.
(6) if the Inspector or police officer has reason to suspect the Commission of an offence under this act as a result of a complaint made under subsection (1) or the information otherwise received by him, he shall cause an investigation to be made and for such purpose may exercise all the powers of investigation provided for under this Act.
Powers of Inspector or police officer during investigation 34B. (1) every Inspector or police officer making an investigation under this Act shall have the power to require information, either orally or in writing, of the person who knew or expected to know the facts and circumstances of the case that is being investigated.
(2) any person who, when required by the Inspector or police officer to provide information under this section, refuse to comply with such requirements or submit as correct any information which he knows or has reason to trust as false pass up an offence.
Pawnbroker 33 (3) if any information provided by a person to an Inspector or police officer proven untrue or incorrect in whole or in part, shall not be a defence for him to say that the information or any part of the information has been disalahtafsirkan, or provided by mistake or without the intention of crime or fraud.
Power check the person 34C. (1) an Inspector or police officer investigating an offence under this Act shall be — (a) order any person to appear before it for the purpose to be examined orally in relation to any matter which may be, in his opinion, assist in the investigation of the offence;
(b) order any person to submit to him any books, documents or any certified copy of such document or book, or any other items that may be, in his opinion, assist in the investigation of the offence; or (c) by notice in writing require any person to submit a statement in writing made by oath or pledge, saying in the notice all information required, i.e. information which, in the opinion of the Inspector or police officer, will be able to help in the investigation of the offence.
(2) a person to whom an order under paragraph (1) (a) has been granted shall be — (a) to be present, according to the terms of the order, for inspection and shall continue to be absent from day to day as directed by the Inspector or police officer until the inspection is complete; and (b) during such inspection, revealing the information he knows, or available to it, or which is capable of being recovered by it, in respect of matters relating to it he examined, whether or not any question asked to him in respect of that matter, and if any question asked to him he shall answer the question correctly and as far as he knew and believed.
Laws of Malaysia ACT 8134 (3) a person to whom an order has been given under paragraph (1) (b) cannot be concealed, destroying, altering, transferring from or send out of Malaysia, or deal with, menggunahabiskan, or dispose of, any book, document or thing specified in the order, or alter or disfigure any entry in any such document or book, or cause such act is done , or assist or plotting to do such Act.
(4) a person to whom a notice has been given under paragraph (1) (c) shall, in the literary skills statement made by oath or pledge, submit and disclose properly all the information required under the notice, which in its knowledge, or who therein, or that can be obtained by him.
(5) a person to whom an order or a notice has been given under subsection (1) shall comply with the order or such notices and subsection (2), (3) or (4) in respect of the order or the notice, but there is nothing contained in subsection (2), (3) or (4) shall be construed as forcing people who are being investigated under this section so as to reveal any information , book, document or thing to be able to show that he is guilty under this Act or any other written law.
(6) an Inspector or police officer examining a person under paragraph (1) (a) shall record in writing any statement made by that person and a statement recorded such shall be signed by the person who inspected it or affixed with cap head jarinya, as the case may be, after the statement was read out to him in a language he made it and after she is given an opportunity to make any corrections he wanted , and if such person refuses to sign the record, Inspector or police officer shall be recorded on the record with his hand about the fact of such refusal and of the reasons for such refusal, if any, specified by the person who inspected it.
(7) Records an inspection under paragraph (1) (a), or a written statement with the vow or pledge made pursuant to paragraph (1) (c), or any book, document or thing produced under paragraph (1) (b) or current Pawnbroker 35

inspection under paragraph (1) (a) or under the written statement with a vow or pledge made pursuant to paragraph (1) (c) shall, notwithstanding any law or pillars of law to the contrary, admissible in evidence in any proceedings in any court for an offence under this Act, regardless of whether such proceedings against people who have inspected the , or producing the book, document or the goods, or who make a written statement in swear or vow, or against any other person.
(8) any person who contravenes subsection (2), (3), (4) or (5) commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Search with warrant 34D. (1) where in the opinion of the Magistrate, based on the written information and after such inquiry as it considers necessary, that there is reasonable cause to believe that an offence under this Act has been committed or is being committed in or in respect of any premises, the Magistrate may issue a warrant empowering any person Inspector or police officer named in the warrant to enter the premises with any assistance as needed , and if necessary by force.
(2) an Inspector or police officer may, in the premises entered into under subsection (1), — (a) inspect any books, accounts or documents, including computerized data, which contains or reliably suspected of containing any information in respect of any offence suspected to have been committed under this Act; and (b) any sign, signs, cards, letters, brochures, details, things, goods or goods with reasonable believed to give evidence with respect to the Commission of the offence, and may seize books, accounts, documents or such data or any copy of or extract from the book, account, document or such data, or sign, signs, cards, letters, brochures, details, things, goods or that stuff.
Laws of Malaysia ACT 8136 (3) an Inspector or police officer conducting a search under subsection (1) may, if in its opinion it is reliably is necessary to do so for the purposes of the investigation of the offence, examine any person which is in, or on, the premises and detain the person and transfer them to any place necessary to facilitate such examination.
(4) an Inspector or police officer making the inspection of a person under subsection (3) may seize or take possession of any books, accounts, documents, cards, letters, brochures, details, things, goods or goods found on that person for the purpose of investigations being undertaken by the Inspector or police officer.
(5) If, due to the type, size or its cost, not practical to transfer any books, accounts, documents, sign, signs, cards, letters, brochures, details, things, goods or goods seized under this section, the Inspector or police officer who made the seizure shall be, in any way, lock, with the seal of the books, accounts, documents, sign, signs, cards, letters, brochures, details, things, such goods or goods in the premises or container in which it was found.
(6) any person who, without valid authorization, break, interfere with or damage the seal referred to in subsection (5) or transfer any books, accounts, documents, sign, signs, cards, letters, brochures, details, things, goods or goods entered into it, or try to do so commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(7) when required to do so, one Inspector or police officer exercising any power under subsection (1) may — (a) sneaking any external door or window or in any premises and entered the premises, or otherwise forcibly entered the premises and every part of the premises;
(b) Delete aborted any barriers to entry, search, seizure, detention or transfer such that he or she is empowered to carry it out; or Pawnbroker 37 (c) detain any person found in any premises searched under subsection (1) until such premises already searched.
(8) No person shall be searched under this section except by the Inspector or police officer of the same gender was with the person who inspected it.
Search without warrant 34E. If the Inspector or police officer in any of the circumstances referred to in section 34D has reasonable cause to believe that due to the delay in obtaining a search warrant under section that investigation would be prejudiced or evidence of the Commission of the offence may be interrupted, removed, damaged or destroyed, Inspector or police officer may enter the premises and carry out, in respect of the premises , all the powers referred to in section 34D in full and includes just enough-by he is empowered to do so through warrants issued under that section.
Seizure movable 34F. (1) during the investigation of an offence under this Act, an Inspector or police officer may seize any property over which he has reasonable grounds to suspect is a matter of an offence under this Act or evidence relating to the Commission of an offence under this Act.
(2) the residents of the place searched, or any person on his behalf, shall at all times be allowed to be present during the search and a list of all movable property seized pursuant to subsection (1) and place the property respectively found shall be prepared by the Inspector or police officer executing the seizure and signed by him.
(3) a copy of the list referred to in subsection (2) shall be conveyed to him the owner of the property or to the person from whom the property was seized as soon as possible and shall be signed by the owner or the person.
Laws of Malaysia ACT 8138 further Provisions relating to the seizure of movable property 34G. (1) where any movable property seized under this Act, the seizure shall be carried out by transferring the possession of movable property, custody or control of the person from whom the movable property is seized and put it under the care of any person or authority and at any place specified by the Inspector or police officer.
(2) if it is not practicable, or otherwise inappropriate, to carry out the transfer of any property under subsection (1), the Inspector or police officer may be leaving it at the premises of public property is seized under the care of any person specified by him for that purpose.
Divestment seized 34H. (1) where any property has been seized under this Act, an Inspector or police officer is higher meteoric from police officer to carry out the seizure may, if no prosecution for an offence under this Act, or upon completion of the proceedings for such an offence, or if the property is not required otherwise for the purposes of any proceedings under this Act, the release of the property to the owner , or to the person of the possession, custody or control of the property seized, or to any person who may be entitled to the property, and in the case of such officers perform the seizure, Government, or any person acting on behalf of the Government, shall not be liable to any proceedings by any person if the seizure of the property and the property has been implemented in good faith.
(2) a written record shall be made by the officer exercising any divestment under subsection (1) in respect of such relief by stating in detail the circumstances of and reasons for such relief.
Investigation and search 34I barrier. (1) any person who — (a) refuse to authorize any Inspector or police officer entry to any premises or any part of the premises, or not submit himself for examination by an authorized person for can inspect them under this Act;
Pawnbroker 39 (b) mengamang preventing menghadang or delay someone Inspector or police officer in the execution of his duties under this Act;
(c) fails to comply with any request, notice, order or requirement of a valid from someone Inspector or police officer in the execution of his duties under this Act;
(d) leave, refuse or ignore to give someone Inspector or police officer any information reasonably required of them and that he has the power to give it away;
(e) did not submit, or hide or attempt to hide from, an Inspector or a police officer of any books, accounts, documents, data, sign, signs, cards, letters, brochures, details, things, goods or goods thereto Inspector or police officer has reasonable grounds to suspect that an offence under this Act has been or is being done, or which may be seized under this Act;
(f) recovery or trying to recover or cause to be obtained back any thing seized accordingly; or (g) destroy any thing to prevent the seizure or the acquisition of the thing,

commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
(2) any person who is an accomplice in the Commission of any offence under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
(3) any person who, while performing or abets any offence under subsection (1) or (2), cause injury to an Inspector or police officer or any public officer who is conducting the enforcement of this Act may, in addition to the penalty as set out in subsection (1) or (2), be liable to whipping.
Laws of Malaysia ACT 8140 offence can be seized 34J. (1) every offence punishable under this Act shall be an offence can be arrested.
(2) an Inspector may arrest without warrant any person who commits an offence under this Act.
Power to act 34K. Someone the current Inspector acting under this section shall, when requested, stating his position and submit to the person against whom he is acting any authorisation in writing as may be directed by the Registrar brought by the Inspector.
PART IV B EVIDENCE evidence of accomplices and agents of provocation 34L. (1) Notwithstanding any law or pillars of law to the contrary, in any proceedings against any person for an offence under this Act — (a) no witness may be deemed accomplices alone-points by virtue of such witness has — (i) agreeing to accept, receive, obtain, persuade, agrees to accept or receive complying , or try to get any amount of money from someone pawnbroker; or (ii) engaged in any way in the Commission of the offence or know about the offence;
(b) no agent of the provocation, whether he is an Inspector or police officer or not, may be considered unreliable just because he was trying to do or was an accomplice in the Commission of, or was an accomplice or was involved in the crime to do alliances, such offences if the main purpose of testing to do, abetment in the Commission of, or Pawnbroker 41 abetment of or involvement in criminal alliances to do , the offence was to obtain evidence against such person; and (c) any statement, either orally or in writing, made to an agent of provocation by such person shall be admissible as evidence during his trial.
(2) Notwithstanding any law or pillars of law to the contrary, a conviction for any offence under this Act only based on the evidence given is not supported by any accomplices or agents of provocation cannot be void and no such conviction may be set aside simply because the Court which tried the case not to mention the reason his judgment about the need to remind him of the danger of making a conviction based on such evidence.
Protection to whistleblowers and information deck. (1) except as provided in this part, there are no complaints about an offence under this Act is admissible in evidence in any civil or criminal proceedings, and no witness may be obliged or permitted to disclose the name or address of any person who provides information, or contents and type of information received from it, or declare any matter that may lead to penzahirannya.
(2) where any application, details, statement, account, document or written statement given in evidence or may be inspected in any civil or criminal proceedings contains any entries in which someone who has provided such information is named or described, or that may lead to penzahirannya, then the Court before which the proceeding is held shall cause all such entries be hidden from sight or deleted to the extent necessary to protect the person of disclosure , but not more than that.
(3) if in any proceedings in respect of any offence under this Act, the Court, after full investigation laws of Malaysia ACT 8142 on the case, is of the view that people who have provided the information have made with bad faith in aduannya a statement material that he knows or believes is false or that he did not believe to be true, or is of the opinion that justice cannot be upheld in full between the parties to the proceedings without disclosure of the person giving the information , the Court may require the production of the original complaints, if in writing, and allow the investigation and require full disclosure with respect to that person.
Admissibility of statements by an accused 34N. (1) in any trial or investigation by the Court of an offence under this Act, any statement, whether the statement is a confession or not or orally or in writing, made at any time, whether before or after the person charged and either during investigation or not and either all or partly in answer to a question or not , by a person who is accused or to be heard by any Inspector or police officer, whether translated to him or not by any Inspector or police officer or any other person, whether the Inspector, police officer or other person involved in the arrest of the person or not, shall, notwithstanding any law or pillars of law to the contrary, admissible in evidence during his trial and If the person submitting himself as a witness, any such statement can be used in cross-examination and for the purpose of challenging credibility.
(2) no statement made under subsection (1) may be admitted or used as provided in that subsection if the making of the statement was obtained by the Court has been caused by any inducement, threat or promise relating to the charge against the person who comes from a powerful and enough in the opinion of the Court to give such person a reasonable excuse in its opinion to think that by making the statement he will get any benefit or avoid any disadvantages of a the worldly related proceedings against him.
Pawnbroker 43 (3) if any person arrested or informed that he may be prosecuted for any offence under this Act, shall be conveyed to him a notice in writing which shall be explained to him, which means as follows: "you have been arrested/given that you might be prosecuted on................... (offences that may be charged under this Act). Do you want to declare anything? If there are any facts you want to use in the defense of you in court, you are advised that it is now. If you don't mention it until you go to court, the less possibility of evidence you will be trusted and this may bring about adverse effects on the case you generally. If you want to specify any fact now, and you want it written, this will be done. ".
(4) Notwithstanding subsection (3), any statement by any person accused of committing any offence under this Act made before there is time to deliver written notice under that subsection shall not be admissible as evidence simply because there are no such notice was served upon him if written notice has been delivered to him as soon as reasonably possible after the statement was made.
(5) no statement made by an accused person in answer to written notice delivered to him pursuant to subsection (3) shall be construed as a statement that is caused by any inducement, threat or promise as described in subsection (2), if the statement was made otherwise voluntary.
(6) where in any criminal proceedings against a person for an offence under this Act, evidence is given that the accused, after being advised that he may be prosecuted for that offence, failed to declare any fact, namely the fact that in the circumstances prevailing at the time that he reasonably be expected to mention it when so informed, the Court, in determining whether the prosecution has shown prima facie case laws of Malaysia ACT 8144 against the accused and in determining whether the accused is guilty of the offence who is charged with, can make any conclusions from the failure as in its opinion should be; and that failure, may, on the basis of the conclusions, considered, or as able to is, support for any evidence against the accused thereto that failure is a matter of material.
(7) no nothing in subsection (6) may be in any criminal proceedings —

(a) prejudice the admissibility as evidence of silence or other reactions of the accused while anything alleged in its relation to the behavior of respect he is charged, to the extent such evidence are acceptable other than by virtue of that subsection; or (b) is calculated as prevent the making of any conclusions from any silence or other reactions that can be made in addition to the accused by virtue of that subsection.
The provisions regarding evidence 34O. (1) a copy of a licence by the Registrar as a true copy of the licence, shall be admissible in evidence for all purposes for which the original copy for the copy is admissible if the original copy of the submitted and accepted in evidence without proof of the signature or authority of the person who signed the licence or copy of the license.
(2) where in any proceedings for an offence under this Act it is necessary to prove that someone is or is not a pawnbroker, a certificate purporting to be signed by the Registrar and certifying that the person is or is not a pawnbroker shall be received in evidence and shall be prima facie evidence of the fact that perakui in the certificate, without proof of the signature or authority of the Registrar to issue the certificate.
Pawnbroker 45 part V HEARINGS and PROCEEDINGS of a first class magistrate has jurisdiction under this Act 35. Notwithstanding the provisions of any written law to the contrary, a first class Magistrate Court has jurisdiction to try directly to any offence under this Act and to impose full penalties for an offence that.
Gifts to the whistleblower 36. Someone gave a ruling so that the Magistrate can be any part of a fine imposed under this Act is paid to whistleblowers or any person deemed by a magistrate has been incurring losses as a result of an act committed by a person of the fine.
Public notice 37. Someone Magistrate may order that the public notice that it sees fit should be awarded to ask all those who claim an interest on such goods dilucuthakkan under this Act to make a claim within a specified period and can decide on any claims made; and after the expiration of the all goods not claimed such shall be the property of the Government and may be disposed of by public auction or otherwise as directed by the Magistrate.
38. (Cut by the Act A1209) PART VI PENALTIES and FORFEITURE of False Statements or representations to induce pemajakgadaian become an offence 39. Any person — (a) that is a pawnbroker or employee of a person pawnbroker;
Laws of Malaysia ACT 8146 (b) where a pawnbroker is a company, which became the Director, General Manager, Manager or other officer of the company;
(c) where a pawnbroker is a body, which becomes the President, Vice President, Secretary, Treasurer or other officer of that organization; or (d) where a pawnbroker is a firm or a group of people to another, who became a partner or member, or other officers of the firm or group of such persons, who, by any statement, representation or promise that is false, misleading or deceptive, or by any person of any concealment of material fact, in dishonest to induce or attempt to induce fraudulently any person so to charge any goods or agree to the terms which the dipajakgadaikan an article or to be dipajakgadaikan , commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
General offence 40. Any person who — (a) for the purposes of the grant of a licence to himself or to any other person, or to prevent the imposition of such conditions in respect of such licence, make any statement or confession that he knew was false or incorrect, either wholly or partly, or misleading in any material matters;
(b) submit such particulars or documents relating to an application for the grant of a licence which he knows is false or incorrect or misleading in any material matters;
(c) make any entries in the registers, records, statements, account or any other documents required to be kept, maintained or submitted under this Act, which are false or incorrect or misleading in any material matters;
Pawnbroker 47 (d) alter, interfere with, damage or disfigure any licence or other document are required to display at the premises of the pawnbroker, or lend or license or document used by any other person;
(e) falsify, or have in his savings with the intent to deceive a document that resembles a similar license, record, statement, accounts or any other documents required to be kept, maintained or submitted under this Act;
(f) modify any entry made in a register, licenses, records, statements, account or any other documents required to be kept, maintained or submitted under this Act;
(g) displaying pawnbroker premises a licence or any other documents which are required to display in the premises, if the licence or such document has been altered, tampered with, defaced or dicacatkan;
(h) the exhibit premises pawnbroker artificial versions of a license or other documents which are required to display in the premises;
(i) to provide, maintain or authorize the provision or maintenance of counterfeit versions of records, account statements, or any other documents that are required to be submitted under this Act; or (j) falsify or permit the falsification of records, account statements, or any other documents that are required to be submitted under this Act, commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(2) in any prosecution under this section, when it has been proved that any application, statement, Declaration, details, statement, account, record or other document is false or incorrect in whole or in part, or misleading in any material matters, shall be the laws of Malaysia ACT until the contrary is proved be deemed to 8148, that application, statement, Declaration, details, statement, account, record or other document that is false or incorrect , or misleading in any material matters, with the knowledge of people who make, prepare, maintain, sign, surrender or supply it.
(3) Notwithstanding paragraph (1) (g) or (h), a person cannot be found guilty of an offence if he or she proves that have acted in good faith and had no reasonable grounds to expect that the licence or any other documents on display in its premise has been altered, tampered with, defaced or dicacatkan, or that the license or document is a license or document imitation.
(4) If an Inspector or police officer has reasonable cause to believe that a licence or any other documents displayed at the premises of the pawnbroker, or a licence, records, account, statement or any other document submitted to it pursuant to this Act by the person in charge of the premises license, records, accounts, statements or documents relating thereto of an offence under this section has been done , he may seize the license, record, account, statement or document.
Offences by public 41. A person who — (a) memajakgadaikan or try memajakgadaikan to a pawnbroker of any article to which he could not explain to the satisfaction of how she have it;
(b) redeem or try to redeem any backup using letter pawn he cannot explain with satisfaction how he had it;
(c) purchase or attempt to purchase any of the letter leasing; or Pawnbroker 49 (d) willfully provide any false information to a pawnbroker in respect of any letter pawn is said to have been lost, destroyed or obtained by fraud, guilty of an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months.
General penalty 41A. Any person who is convicted of an offence under this Act for which no penalty expressly provided can on conviction liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Forfeiture of goods 42. All the goods in respect of which an offence has been committed against this Act or any regulations made thereunder may dilucuthakkan, subject to any right to have it by any person who is not a party to the offence.
PART VII GENERAL Prosecution 43. No prosecution for an offence under this Act shall be instituted except by or with the consent in writing of the Prosecutor.
Offence by the company, firm, organization or group of persons to another 43A. (1) where an offence under this Act has been committed by a pawnbroker and —

(a) the pawnbroker is a company, any person that at the time of the Commission of the offence was a Director, General Manager, Manager, legal Secretary of Malaysia Act 8150 or other similar officer of the company, or purporting to act on any such property;
(b) the pawnbroker is a body, any person that at the time of the Commission of the offence is the President, Vice President, Secretary, Treasurer or other officers of similar to that organization, or purporting to act on any such property;
(c) the pawnbroker is a firm or other group of persons, any person that at the time of the Commission of the offence is a partner or employee or other similar officer of the firm or other group of persons, or purporting to act on any such property, shall be deemed to have committed the offence, unless he proves that the offence was done without knowledge , consent or pembiarannya, and that he has taken reasonable precautions and has undertaken efforts to prevent the Commission of the offence.
(2) the Prosecution of any person under subsection (1) for an offence does not preclude prosecution against the company, Association, firm or other group of people that for the offence.
(3) unless expressly otherwise provided, any act or omission by an employee pawnbroker shall, for the purposes of any prosecution or proceeding under this Act, be deemed to be acts or omissions of the pawnbroker, unless the Court is satisfied that the Act or omission was committed without the knowledge of the pawnbroker, or that all necessary measures and reasonable precautions have been taken to prevent the Commission of such act or omission.
(4) where any act or omission by an employee pawnbroker would be an offence under this Act if done by the pawnbroker, employees of the pawnbroker shall be deemed to have committed the offence.
Pawnbroker 51 Delivery notification or document 43B. (1) any notification or documents are required to be given or served under this Act shall be sent by prepaid registered post to the person to whom the notification or document are required to be given or served.
(2) subject to subsection (1), if a notification or document is served by registered post prepaid, the notification or document shall be deemed to have been served on the person to whom the notification or document addressed on the day following the day of notification or document should be received in the ordinary course of post, if the notification or document addressed to the address allowed for the person to whom the notification or document intended to send.
Power to compound 43C. (1) the Registrar or any Inspector authorized specifically by writing by name or Office for that purpose by the Registrar may, with the consent of the Prosecutor, mengkompaunkan any offence under this Act may be prescribed as offences can compound by agreeing to receive from the person reasonably suspected to have committed the offence and to whom an offer to compound has been made a sum of money not exceeding fifty per cent of the amount of the fine for the offence maksimun.
(2) an offer to compound under subsection (1) may be made at any time after the offence committed but before any prosecution for the offense started.
(3) if the amount specified in the offer to compound that is not paid within the time stated in the offer, or within an extension as permitted by the Registrar or Inspector specifically authorized under subsection (1), a prosecution for the offence may be commenced at any time after that period to the person to whom an offer to compound that has been made.
Laws of Malaysia ACT 8152 (4) If an offence is compounded under subsection (1), no prosecution may, within the time specified in subsection (3), instituted in respect of an offence against the person to whom an offer to mengkompaunkan that has been made.
(5) all money paid to the Registrar or the Inspector specifically authorized under subsection (1) shall be paid into and form part of the Federal Consolidated Fund.
44. (Cut by the Act A1209) Power make regulations 45. (1) the Minister may make regulations which modify benefit or need for the purpose of giving full effect to this Act, or to carry out or to achieve the goals and purposes of this Act.
(2) without prejudice to the generality of subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: (a) the procedure to be followed in making an application for a license, including a form shall be used, the conditions to be complied with, and documents and information to be submitted in respect of such an application;
(b) the matters to be considered in respect of the grant of a licence to a person;
(c) the procedures concerning the submission, suspension and revocation of licences;
(d) procedures for the production of a copy of a licence, if the license is lost or destroyed;
(e) an offence is compounded and procedures can be mengkompaunkan such offence;
(f) the fees payable, payment of fees and the person liable to pay fees, exemption of any person or class of persons from the payment of such fees, or reduction of such fees;
Pawnbroker 53 (g) form of register and other records to be kept and maintained by the Registrar, the procedure and other matters relating to the opening, maintenance and closure of registers, inspection and taking an extract from the register or records, supply a copy of the register or records and the fee payable for the inspection, extracts and copies of such;
(h) the form of a letter of pawn should be used by the pawnbroker and other matters relating to such mortgage pawn;
(i) a form shall be used by the pawnbroker to forward the statement to the lessee mortgage under section 25.
(3) any regulations made under this section may provide that any breach of the provisions of such regulations shall be an offence and may provide for the imposition of a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Exclusions 46. The following persons are exempt from the provisions of this Act: (a) a bank license to conduct business bank in Malaysia;
(b) Bank Pertanian Malaysia established under the Agricultural Bank Act 1969 [Act 9]; and (c) a joint companies registered under any law in force in Malaysia in respect of cooperatives.
Power of Minister to give exemption 46A. (1) the Minister may — (a) after considering the special circumstances in relation to the type of business of any person and its financial position; and the laws of Malaysia ACT 8154 (b) if he is satisfied that it is not contrary to the public interest to do so, by notification published in the Gazette, exempt any pawnbroker of any provision of this Act, and such waiver shall be granted for any period specified in the notification, and may be made subject to any limitation, restriction or conditions as may be determined by the Minister in the notification.
(2) the Minister may at any time revoke any exemption granted by him under subsection (1) if he is satisfied, after giving the pawnbroker concerned an opportunity to be heard, that the pawnbroker does not comply with any limitation, restriction or condition which is subject to him the exemption has been granted, or that no longer fit otherwise to direct the pawnbroker granted exemption.
Repeal 47. Ordinances and Enactment specified in the schedule is repealed.
Transitional and saving provision 48. (1) the transitional provisions and savings the following shall take effect notwithstanding the provisions of section 47 or any other provisions of this Act.
(2) all orders, directions, appointments and rules made under the provisions of the Ordinance and enactment which had been repealed by this Act and in force immediately before the appointed date that, in so far as it is in accordance with this Act, shall be deemed to have been made under this Act and shall remain in force until other provision is made under this Act or until the date it expires.
(3) where any licence has been granted to any pawnbroker under an Ordinance or an Enactment was repealed by this Act or any contract made under it, the contract or license shall be in effect until the date it expires even if the Ordinance or the Enactment repealed by this Act.
Pawnbroker 55 continuation of the criminal proceedings and civil

49. subject to this Act, the repeal of the Ordinance and enactment under section 47 or anything contained in this Act shall not affect any liability of the person prosecuted or sentenced for an offence committed under the Enactment and Ordinance before a specified date, or any proceedings (whether civil or criminal) taken or any sentence passed prior to the date of the offence.
TABLE [section 47] Pawnbrokers Enactment F.M.S. Cap. 85. Pawnbrokers Ordinance Cap Settlements. 216. Pawnbrokers Ordinance Sabah Cap. 94. Pawnbrokers Ordinance Sarawak Cap. 115. Pawnbrokers Johore Enactment No. 36.
Pawnbrokers Enactment Kedah No. 71.
Pawnbrokers Perlis Enactment No. 5 of 1935.
Pawnbrokers Enactment Trengganu No. 42 of 1356.
Pawnbrokers Farm Kelantan Enactment No. 8 of 1910.
Laws of Malaysia ACT 8156 laws of MALAYSIA Act 81 ACT PAWNBROKER 1972 LIST AMENDMENT law short title force amend from Act 160 Currency Act 29-08-1975 (dollars) 1975 Act Criminal Code Act A324 Event 10-01-1976 (Amendment and Extension) Act 1976 Act A1209 Act Pawnbroker 01-01-2004 (Amendment) order 2003 Pawnbroker 57 LIST SECTION AMENDED Section Power amend the effect from the long Title of the Act A1209 01-01-2004 2 Act A1209 01-01-2004 3 Act 160 29-08-1975 Act A1209 01-01-2004 3A-3B A1209 Act 01-01-2004 4 Act A1209 01-01-2004 7 Act A1209 01-01-2004 8 A1209 Act 01-01-2004 8A A1209 Act 01-01-2004 9 Act A1209 01-01-2004 10 Act A1209 01-01-2004 10A-10 c A1209 Act 01-01-2004 11 Act A1209 01-01-2004 11A-11 g Act A1209 01-01-2004 12 Act A1209 01-01-2004 13 Act A1209 01-01-2004 13A-13C Act A1209 01-01-2004 14 Act A1209 01-01-2004 15 Act A1209 01-01-2004 16 Act A1209 01-01-2004 laws of MALAYSIA Act 81 ACT PAWNBROKER 1972 laws of Malaysia ACT 8158 17 Act A1209 01-01-2004 18 Act A1209 01-01-2004 19 Act A1209 01-01-2004 20 Act A1209 01-01-2004 21 Act A1209 01-01-2004 22 Act A1209 01-01-2004 23 of 160 29-08-1975 Act A1209 01-01-2004 24 Act 160 29-08-1975 Act A1209 01-01-2004 25 Act 160 29-08-1975 Act A1209 01-01-2004 26 Act 160 29-08-1975 Act A1209 01-01-2004 28 Act A1209 01-01-2004 29 A1209 Act 01-01-2004 30 Act A1209 01-01-2004 31 Act 160 29-08-1975 Act A1209 01-01-2004 33 Act A1209 01-01-2004 34 Act A1209 01-01-2004 34A-34O Act A1209 01-01-2004 38 Act A1209 01-01-2004 39 Act 160 29-08-1975 Act A1209 01-01-2004 40 Act 160 29-08-1975 Act A1209 01-01-2004 41 Act 160 29-08-1975 Act A1209 01-01-2004 41A A1209 Act 01-01-2004 Section Power amend with effect from Pawnbroker 59 Section Power to amend Act 43 with effect from 01-01-A324 1979 43A-43C Act A1209 01-01-2004 44 A1209 Act 01-01-2004 45 A1209 Act 01-01-2004 46A A1209 Act 01-01-2004

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